Time Limitations Affecting Texas City Car Accident Lawsuits

There are time limitations affecting Texas City car accident lawsuits as a result of the state’s statute of limitations. For this reason alone, you should work with a Texas City car accident lawyer when injured in a crash.

How the Time Limitations in Texas Apply to Your Case

Under Texas Civil Practice and Remedies Code § 16.003, victims must take legal action against the at-fault party within 2 years of the date the injury occurred, or they may not seek compensation. This is a strict two-year deadline that can play a role in your ability to recover compensation.

In most situations, a victim must seek legal action within two years of the date they suffered their injury, meaning they must file a lawsuit with the court for their claims by that date or receive no compensation at all. If the deadline passes, it does not matter who is at fault, how obvious the fault is, or what value the claim holds. The court is not likely to award you damages.

There Are Some Exceptions to These Time Limits

Texas City car accident lawsuits may have different rules in very limited situations. If you are in a car accident, seek legal action quickly to protect your rights. Do not count on these exceptions.

Under the age of 18: A victim under the age of 18 at the time of the injury may file a lawsuit for their losses within two years of their 18^th birthday. This resets the two-year timeframe. If a parent or guardian did not take legal action on their behavior prior to this, this can provide a minor with additional protections.

Discovery rule: If there is some reason why the victim did not know that they had the right to seek compensation from the at-fault party, that could extend the two-year timeframe. For example, if the victim learns of a complication to their health months after the accident, but it was due to the accident, this could extend the deadline.

Government entities: In situations where the person at fault was an employee of the government or the government itself was responsible for the car wreck, the statute of limitations is only six months. You must notify the city of your intent to seek a claim within just 30 days of the accident and then file a claim with the city right away.

What Filing an Insurance Claim Does to the Time Limitations

Do not confuse the statute of limitations with when you have to file a claim with the insurance company of the at-fault party. That is not the case. You can file a claim with the insurance company and settle within that timeframe. However, filing an insurance claim does not extend the two-year timeframe. It does not impact this timeline at all.

Some insurance adjusters may try to delay the process to push you beyond that two-year mark. This is one of the most important reasons to seek legal help in navigating your right to seek compensation. You must file a lawsuit before this time limitation expires, no matter if you are negotiating with the insurance company at the time or not.

Your Texas City car accident lawyer will work within these timelines to hold those who hurt you accountable. If you believe you qualify for an exception, be sure to reach out to confirm that information with your lawyer.